Chapter 10.46
IMPOUNDMENT AND REDEMPTION OF CERTAIN VEHICLES
Sections:
10.46.010 Impoundment defined.
10.46.020 Approved tow company defined.
10.46.040 When a vehicle may be impounded without prior notice.
10.46.050 When a vehicle may be impounded after notice.
10.46.060 How impoundment is to be effected.
10.46.070 Owner of impounded vehicle to be notified.
10.46.080 Redemption of impounded vehicles.
10.46.090 Cancellation of hearing.
10.46.100 Post impoundment hearing procedure.
10.46.120 Toppenish police department record of impounded vehicles.
10.46.130 Approved tow company duties and records.
10.46.010 Impoundment defined.
“Impoundment” as used in this chapter shall mean the removal of a vehicle to a storage facility either by an officer or authorized agent of the Toppenish police department, or by an approved towing company for towing and storage in response to a request from an officer or authorized agent of the Toppenish police department. (Ord. 85-2 § 1, 1985).
10.46.020 Approved tow company defined.
“Approved tow company” as used in this chapter shall mean any person, firm, partnership, tow operator, association or corporation approved by the Toppenish police department. Approved tow companies must comply with all state laws, city ordinances, and any federal law including antitrust laws. (Ord. 85-2 § 1, 1985).
10.46.030 Vehicle defined.
“Vehicle” as used in this chapter shall have the definition set forth in Chapter 46.04 RCW and, in addition, shall include any vehicle hulk as the same is defined in RCW 46.52.145. (Ord. 85-9 § 1, 1985; Ord. 85-2 § 1, 1985).
10.46.040 When a vehicle may be impounded without prior notice.
A vehicle may be impounded without prior notice to its owner if:
A. The vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic;
B. The vehicle is illegally parked in a conspicuously posted restricted zone where parking is limited to designated days or at any time or is prohibited during certain hours, on designated days or at any time and where the vehicle is interfering or likely to interfere with the intended use of such a zone;
C. The vehicle poses an immediate danger to the public safety;
D. A police officer has information sufficient to form a reasonable belief that the vehicle is stolen;
E. A police officer has information sufficient to form a reasonable belief that the vehicle constitutes evidence of a crime or contains evidence of a crime, if impoundment is reasonably necessary to obtain or preserve such evidence.
Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required. (Ord. 85-2 § 1, 1985).
10.46.050 When a vehicle may be impounded after notice.
A vehicle not subject to impoundment under TMC 10.46.040 may be impounded after notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of 24 hours prior to such impoundment, for the following reasons:
A. Such vehicle is parked and/or used in violation of any law, ordinance or regulation;
B. Such vehicle is abandoned. “Abandoned vehicle” for the purposes of this chapter means any vehicle left within the limits of the city that is a street or alley obstruction or which is illegally parked; or any vehicle left upon the property of another without the consent of the owner for a period of 24 hours or longer. A vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies a law enforcement official or tow truck operator and requests assistance. (Ord. 85-9 § 2, 1985; Ord. 85-2 § 1, 1985).
10.46.060 How impoundment is to be effected.
When impoundment is authorized by this chapter, a vehicle may be impounded by an approved towing company whose principal established place of business is reasonably near the scene and available for towing and storage acting at the request of an officer or authorized agent of the Toppenish police department. (Ord. 85-2 § 1, 1985).
10.46.070 Owner of impounded vehicle to be notified.
A. Not more than 48 hours after impoundment of any vehicle, the Toppenish police department shall mail a copy of the officer’s impound report, and notice of redemption and opportunity for a hearing to the registered owner and legal owner of an impounded vehicle, as may be disclosed by the vehicle license number or vehicle identification number (VIN), if such be obtainable, unless the impound report has been furnished the registered owner prior to the end of such period. The impound report shall be mailed to the registered owner at the address provided by the Washington State Department of Motor Vehicles, or the corresponding agency of any other state or province. If the officer requesting the impound has reason to believe that the registered owner is residing or is in custody at some different address known to the officer, a copy of the impound report and notice of redemption and opportunity for a hearing shall be sent to that address. The impound report shall contain the particulars of the impoundment, the name and address of the tow company involved, and location of storage if not at company’s address.
B. Written notice of redemption and opportunity for a hearing as set forth on a form provided by the Toppenish police department and a copy of the tow and storage receipt shall be given by the tow company to each person who seeks to redeem an impounded vehicle. The tow company shall maintain a record evidenced by the redeeming persons’ signature that such notification was provided.
C. Similar written notice and record of notification for redemption and opportunity for a hearing as set forth on a form provided by the Toppenish police department shall likewise be given by the tow company at the time of releasing a vehicle impounded for investigatory purposes pursuant to TMC 10.46.040(E), and the Toppenish police department shall notify the tow company of the authorization to release such vehicle. (Ord. 85-2 § 1, 1985).
10.46.080 Redemption of impounded vehicles.
Vehicles impounded by the city shall be redeemed only under the following circumstances:
A. Only the registered owner, a person authorized by the registered owner, or one who has purchased a vehicle from a registered owner, who produces proof of ownership or authorization and signs a receipt therefor may redeem an impounded vehicle.
B. Any person so redeeming a vehicle impounded by the city shall pay to the towing company the costs of impoundment (towing and storage) prior to redeeming such vehicle, except as provided for under subsection C of this section.
C. Any person seeking to redeem an impounded vehicle has a right to a hearing to contest the validity of the impoundment or the amount of towing and storage charges. Such person shall have his or her vehicle released upon making a written request for a hearing and execution of a promissory note on a form provided by the Toppenish police department, naming the city as payee, in an amount to include both the costs of towing and storage plus a civil penalty to $250.00.
1. The promissory note shall immediately become due and owing in the event such person either:
a. Fails to appear at the requested hearing; or
b. Fails to pay immediately after the hearing any towing and storage charges for which such person may be found liable.
2. The promissory note shall be automatically cancelled and discharged when a person either:
a. Cancels his or her request for a hearing and pays the towing and storage charges and the cancellation fee as provided in TMC 10.46.090; or
b. Pays the towing and storage charges and other costs after having been found liable therefor at the hearing provided for in this section and TMC 10.46.100. (Ord. 85-2 § 1, 1985).
10.46.090 Cancellation of hearing.
Any person redeeming an impounded vehicle in accordance with TMC 10.46.080(C) shall have until 10 days after the date of the request for a hearing to cancel the hearing by making a payment to the district court for the cost of towing and storage. If a hearing is cancelled more than 10 days after its request, then a $10.00 cancellation fee must be paid to the district court in addition to the cost of towing and storage. (Ord. 85-2 § 1, 1985).
10.46.100 Post impoundment hearing procedure.
A. Hearings requested pursuant to TMC 10.46.070 hereof shall be held in the district court where the tow commenced.
B. The district court at least 10 days after the request for a hearing shall notify the motor vehicle owner in writing of:
1. The hearing date and time;
2. If the owner of a motor vehicle desires to have the officer responsible for the impoundment or a representative of the towing company present at the hearing, a written request on a document provided by district court must be returned to the district court no later than 10 days prior to the hearing date;
3. In the absence of such a request, the officer’s impound report and/or tow company’s tow and storage receipt shall be received in evidence.
C. At the hearing, the Toppenish police department may produce any relevant evidence to show that the impound was proper. In absence of a request by the vehicle owner pursuant to subsections B and D of this section, the officer’s impound report and/or tow company’s tow and storage receipt shall be received in evidence. In determining whether the fees charged were proper, the court may take notice of the tow company’s rates which shall be filed with the court and available for public inspection.
D. At the hearing, the owner of the motor vehicle impounded may produce any relevant evidence to show that the impound and/or towing and/or storage fees charged were not proper. Should the owner of the motor vehicle desire to have the officer responsible for the impoundment or a representative of the tow company present at the hearing, a written request pursuant to subsection B of this section must be made to the district court no later than 10 days prior to the hearing date.
E. At the conclusion of the hearing, the district court shall determine whether the impoundment and/or towing and/or storage fees charged were proper and provide both parties with a copy of its decision setting forth in writing the reasons for the determination reached. Should the district court determine that the towing and/or storage fees charged were not proper, then the court shall determine the proper amount and provide a copy of its decision to the tow company and the Toppenish police department.
F. If the impoundment is found proper, the impoundment and/or towing and/or storage fees together with court costs and the expenses of the hearing shall be assessed as a civil penalty against the owner of the vehicle impounded. The appearance cost of any approved tow company’s representative, if requested, shall be cost-assessed, subsection I of this section notwithstanding.
G. If the impound is not found proper then the owner of the vehicle shall bear no costs.
H. Compensation for the court appearance of a representative of an approved tow company shall be paid at the rate of $25.00 for such person’s appearance, as well as travel expenses in accordance with the mileage rate established by the district court for witnesses.
I. Nothing in this chapter shall be construed to prevent a court from exercising discretion in assessing penalties, costs, or arranging time payments if justice so requires. (Ord. 85-2 § 1, 1985).
10.46.110 Abandoned vehicles.
Any impounded vehicle not redeemed within 15 days of mailing of the notice required by TMC 10.46.070 shall be deemed abandoned; provided, that if the Toppenish police department has reason to believe that the owner or such impounded vehicle is in the custody of the Toppenish city jail or the Yakima County jail, it shall be presumed that the vehicle is not abandoned until after the prisoner has had an opportunity to be heard regarding the propriety of the impoundment and circumstances giving rise to such impoundment; provided further, that in the case of a vehicle impounded by order of a police officer and held pursuant to police order, the 15 days shall not begin until 48 hours after the Toppenish police department shall have notified both the owner and the towing company in accordance with TMC 10.46.070(C), that it has authorized the release of the vehicle. Any vehicle so determined to have been abandoned shall be deemed to be in custody of the chief of police of the Toppenish police department.
No tow truck operator shall sell or otherwise dispose of an abandoned vehicle, regardless of its age, unless he has first complied with the provisions of RCW 46.52.111. (Ord. 85-2 § 1, 1985).
10.46.120 Toppenish police department record of impounded vehicles.
The Toppenish police department shall keep, and make available for inspection, a record of all vehicles impounded under the provisions of this chapter. The record shall include at least the following information:
A. Vehicle, make, year and model;
B. Vehicle license number and state of registration;
C. Vehicle identification number, if ascertainable;
D. Such other descriptive information as the chief of police of the Toppenish police department deems useful for purposes of vehicle identification;
E. Name of impounding officer and serial number;
F. Reason for impoundment, and the time, date and location the approved towing company took custody. (Ord. 85-2 § 1, 1985).
10.46.130 Approved tow company duties and records.
Each approved tow company, as conditions of approval in addition to fully complying with the standards set by the Toppenish police department, must:
A. File its towing and storage rates with the Toppenish city clerk-treasurer’s office and with the Yakima County district court;
B. Mail within 24 hours of receipt thereof a fully completed and signed copy of any requests for hearing and promissory note and a copy of the tow and storage receipt to the district court in whose venue the tow commenced;
C. Keep and make available for Toppenish police department and Toppenish city clerk-treasurer’s inspection, a record of all vehicles which it impounds under the provisions of this chapter. The record shall include:
1. A copy of each tow and storage receipt which shall contain the following information:
a. Information on the persons securing the release of a towed vehicle, including the person’s name, relationship to owner (if not the owner), drivers license number, signature and address,
b. Time, date, location of tow and distance towed,
c. Vehicle make, year, license and identification numbers,
d. Any unusual circumstances of the tow,
e. Name of tow truck driver and his signature;
2. A copy of each request for a hearing and promissory note document for all vehicles redeemed, signed by the redeeming person;
3. A copy of each monthly notarized claim for reimbursement for towing, storage and mailing costs. (Ord. 85-2 § 1, 1985).
10.46.140 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 85-2 § 1, 1985).